PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1827

Public Law 108–137

108th Congress

An Act

Making appropriations for energy and water development for the fiscal year ending

September 30, 2004, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the fiscal year ending September

30, 2004, for energy and water development, and for other purposes,

namely:

TITLE I

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief

of Engineers for authorized civil functions of the Department of

the Army pertaining to rivers and harbors, flood control, shore

protection, aquatic ecosystem restoration, and related purposes.

GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic

information pertaining to river and harbor, flood control, shore

protection, aquatic ecosystem restoration, and related projects,

restudy of authorized projects, miscellaneous investigations, and,

when authorized by law, surveys and detailed studies and plans

and specifications of projects prior to construction, $116,949,000,

to remain available until expended: Provided, That for the Ohio

Riverfront, Cincinnati, Ohio, project, the cost of planning and design

undertaken by non-Federal interests shall be credited toward the

non-Federal share of project design costs: Provided further, That

in conducting the Southwest Valley Flood Damage Reduction Study,

Albuquerque, New Mexico, the Secretary of the Army, acting

through the Chief of Engineers, shall include an evaluation of

flood damage reduction measures that would otherwise be excluded

from the feasibility analysis based on policies regarding the frequency of flooding, the drainage areas, and the amount of runoff:

Provided further, That the Secretary of the Army, acting through

the Chief of Engineers, is directed to use $250,000 for

preconstruction engineering and design of Waikiki Beach, Oahu,

Energy and

Water

Development

Appropriations

Act, 2004.

Dec. 1, 2003

[H.R. 2754]

117 STAT. 1828 PUBLIC LAW 108–137—DEC. 1, 2003

Hawaii, the project to be designed and evaluated, as authorized:

Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $100,000 for the continuation and completion of feasibility studies of Kihei Beach, Maui,

Hawaii: Provided further, That any recommendations for a National

Economic Development Plan shall be accepted notwithstanding the

extent of recreation benefits supporting the project features, in

view of the fact that recreation is extremely important in sustaining

and increasing the economic well-being of the State of Hawaii

and the nation.

CONSTRUCTION, GENERAL

For the prosecution of river and harbor, flood control, shore

protection, aquatic ecosystem restoration, and related projects

authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation

or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection

by law (but such studies shall not constitute a commitment of

the Government to construction), $1,722,319,000, to remain available until expended, of which such sums as are necessary to cover

the Federal share of construction costs for facilities under the

Dredged Material Disposal Facilities program shall be derived from

the Harbor Maintenance Trust Fund as authorized by Public Law

104–303; and of which such sums as are necessary pursuant to

Public Law 99–662 shall be derived from the Inland Waterways

Trust Fund, for one-half of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs

for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam

19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,

Illinois and Missouri; and Lock and Dam 3, Mississippi River,

Minnesota: Provided, That using $9,280,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief

of Engineers, is directed to continue construction of the Dallas

Floodway Extension, Texas, project, including the Cadillac Heights

feature, generally in accordance with the Chief of Engineers report

dated December 7, 1999: Provided further, That the Secretary of

the Army is directed to accept advance funds, pursuant to section

11 of the River and Harbor Act of 1925, from the non-Federal

sponsor of the Los Angeles Harbor, California, project authorized

by section 101(b)(5) of Public Law 106–541: Provided further, That

the Secretary of the Army, acting through the Chief of Engineers,

is directed to use $750,000 of the funds provided herein to continue

construction of the Hawaii Water Management Project: Provided

further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $2,500,000 of the funds appropriated

herein to continue construction of the navigation project at

Kaumalapau Harbor, Hawaii: Provided further, That the Secretary

of the Army, acting through the Chief of Engineers, is directed

to use $6,000,000 of the funds provided herein for the Dam Safety

and Seepage/Stability Correction Program to continue construction

of seepage control features and to design and construct repairs

to the tainter gates at Waterbury Dam, Vermont: Provided further,

That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the New

York and New Jersey Harbor project, 50-foot deepening element,

upon execution of the Project Cooperation Agreement: Provided

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1829

further, That no funds made available under this Act or any other

Act for any fiscal year may be used by the Secretary of the Army

to carry out the construction of the Port Jersey element of the

New York and New Jersey Harbor or reimbursement to the Local

Sponsor for the construction of the Port Jersey element until

commitments for construction of container handling facilities are

obtained from the non-Federal sponsor for a second user along

the Port Jersey element: Provided further, That funds appropriated

in this Act for the preservation and restoration of the Florida

Everglades shall be made available for expenditure unless: (1) the

Secretary of the Army, not later than 30 days after the date of

enactment of this Act, transmits to the State of Florida and the

Committees on Appropriations of the House of Representatives and

the Senate a report containing a finding and supporting materials

indicating that the waters entering the A.R.M. Loxahatchee

National Wildlife Refuge and Everglades National Park do not

meet the water quality requirements set forth in the Consent Decree

entered in United States v. South Florida Water Management District; (2) the State fails to submit a satisfactory plan to bring

the waters into compliance with the water quality requirements

within 45 days of the date of the report; (3) the Secretary transmits

to the State and the Committees a follow-up report containing

a finding that the State has not submitted such a plan; and (4)

either the Committee on Appropriations of the House of Representatives or the Senate issues a written notice disapproving of further

expenditure of the funds: Provided further, That the Secretary

of the Army shall provide the State of Florida with notice and

an opportunity to respond to any determination of the Secretary

under the preceding proviso before the determination becomes final:

Provided further, That the Secretary of the Army, acting through

the Chief of Engineers, is directed to use $17,000,000 of the funds

appropriated herein to proceed with planning, engineering, design

or construction of the Grundy, Buchanan County, and Dickenson

County, Virginia, elements of the Levisa and Tug Forks of the

Big Sandy River and Upper Cumberland River Project: Provided

further, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to use $5,400,000 of the funds appropriated

herein to proceed with the planning, engineering, design or

construction of the Lower Mingo County, Upper Mingo County,

Wayne County, McDowell County, West Virginia, elements of the

Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the

Army, acting through the Chief of Engineers, is directed to continue

the Dickenson County Detailed Project Report as generally defined

in Plan 4 of the Huntington District Engineer’s Draft Supplement

to the section 202 General Plan for Flood Damage Reduction dated

April 1997, including all Russell Fork tributary streams within

the County and special considerations as may be appropriate to

address the unique relocations and resettlement needs for the flood

prone communities within the County: Provided further, That the

Secretary of the Army, acting through the Chief of Engineers,

is directed to proceed with the construction of the Seward Harbor,

Alaska, project, in accordance with the Report of the Chief of

Engineers, dated June 8, 1999, and the economic justification contained therein: Provided further, That the Secretary of the Army,

acting through the Chief of Engineers, is directed and authorized

to continue the work to replace and upgrade the dam and all

Florida.

Notice.

Florida.

Deadline.

Reports.

117 STAT. 1830 PUBLIC LAW 108–137—DEC. 1, 2003

connections to the existing system at Kake, Alaska: Provided further, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to proceed with the construction of the

Wrangell Harbor, Alaska, project in accordance with the Chief

of Engineer’s report dated December 23, 1999: Provided further,

That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $33,400,000 of the funds appropriated

herein for the Clover Fork, City of Cumberland, Town of Martin,

Pike County (including Levisa Fork and Tug Fork Tributaries),

Bell County, Harlan County in accordance with the Draft Detailed

Project Report dated January 2002, Floyd County, Martin County,

Johnson County, and Knox County, Kentucky, detailed project

report, elements of the Levisa and Tug Forks of the Big Sandy

River and Upper Cumberland River: Provided further, That the

Secretary of the Army, acting through the Chief of Engineers,

is directed to use funds appropriated for the navigation project,

Tampa Harbor, Florida, to carry out, as part of the project, construction of passing lanes in an area approximately 3.5 miles long,

centered on Tampa Bay Cut B, if the Secretary determines that

such construction is technically sound, environmentally acceptable,

and cost effective: Provided further, That using $200,000 appropriated herein, the Secretary of the Army, acting through the Chief

of Engineers, may develop an environmental impact statement

for introducing non-native oyster species into the Chesapeake Bay:

Provided further, That during preparation of the environmental

impact statement, the Secretary may establish a scientific advisory

body consisting of the Virginia Institute of Marine Science, the

University of Maryland, and other appropriate research institutions

to review the sufficiency of the environmental impact statement:

Provided further, That in addition, the Secretary shall give consideration to the findings and recommendations of the National Academy

of Sciences report on the introduction of non-native oyster species

into the Chesapeake Bay in the preparation of the environmental

impact statement: Provided further, That notwithstanding the cost

sharing provisions of section 510(d) of the Water Resources Development Act of 1996 (110 Stat. 3760), the preparation of the environmental impact statement shall be cost shared 50 percent Federal

and 50 percent non-Federal, for an estimated cost of $2,000,000:

Provided further, That the non-Federal sponsors may meet their

50 percent matching cost share through in-kind services: Provided

further, That the Secretary determines that work performed by

the non-Federal sponsors is reasonable, allowable, allocable, and

integral to the development of the environmental impact statement:

Provided further, That the Secretary of the Army, acting through

the Chief of Engineers, is directed to construct the Miami Harbor

project, as recommended in the Miami Harbor Letter Report dated

August 2002, as revised February 2003: Provided further, That

using $500,000 of the funds appropriated herein, the Secretary

of the Army, acting through the Chief of Engineers, is authorized

and directed to plan, design, and initiate reconstruction of the

Cape Girardeau, Missouri, project, originally authorized by the

Flood Control Act of 1950, at an estimated total cost of $9,000,000,

with cost sharing on the same basis as cost sharing for the project

as originally authorized, if the Secretary determines that the

reconstruction is technically sound and environmentally acceptable:

Provided further, That the planned reconstruction shall be based

on the most cost-effective engineering solution and shall require

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1831

no further economic justification: Provided further, That the Secretary is directed to use $5,000,000 of the funds appropriated herein

to undertake the restoration of Tar Creek and Vicinity, Oklahoma,

project.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL- LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

For expenses necessary for the flood damage reduction program

for the Mississippi River alluvial valley below Cape Girardeau,

Missouri, as authorized by law, $324,222,000, to remain available

until expended: Provided, That the Secretary of the Army, acting

through the Chief of Engineers, using $12,000,000 of the funds

provided herein, is directed to continue design and real estate

activities and to initiate the pump supply contract for the Yazoo

Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the pump supply contract shall be performed by awarding

continuing contracts in accordance with 33 U.S.C. 621: Provided

further, That the Secretary of the Army, acting through the Chief

of Engineers is directed, with funds previously appropriated, to

continue construction of water withdrawal features of the Grand

Prairie, Arkansas, project.

OPERATION AND MAINTENANCE, GENERAL

For expenses necessary for the operation, maintenance, and

care of existing river and harbor, flood and storm damage reduction,

aquatic ecosystem restoration, and related projects; for providing

security for infrastructure owned and operated by, or on behalf

of, the United States Army Corps of Engineers, including administrative buildings and facilities, laboratories, and the Washington

Aqueduct; for the maintenance of harbor channels provided by

a State, municipality, or other public agency that serve essential

navigation needs of general commerce, where authorized by law;

and for surveys and charting of northern and northwestern lakes

and connecting waters, clearing and straightening channels, and

removal of obstructions to navigation, $1,967,925,000, to remain

available until expended, of which such sums as become available

in the Harbor Maintenance Trust Fund, pursuant to Public Law

99–662 may be derived from that fund, and of which such sums

as become available from the special account for the United States

Army Corps of Engineers established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may

be derived from that account for resource protection, research,

interpretation, and maintenance activities related to resource

protection in the areas at which outdoor recreation is available;

and of which such sums as become available under section 217

of the Water Resources Development Act of 1996, Public Law 104–

303, shall be used to cover the cost of operation and maintenance

of the dredged material disposal facilities for which fees have been

collected: Provided, That of funds appropriated herein, for the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware

and Maryland, the Secretary of the Army, acting through the Chief

of Engineers, is directed to reimburse the State of Delaware for

normal operation and maintenance costs incurred by the State

of Delaware for the SR1 Bridge from station 58∂00 to station

293∂00 between October 1, 2003, and September 30, 2004: Provided

117 STAT. 1832 PUBLIC LAW 108–137—DEC. 1, 2003

further, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to use funds appropriated herein to

rehabilitate the existing dredged material disposal site for the

project for navigation, Bodega Bay Harbor, California, and to continue maintenance dredging of the Federal channel: Provided further, That the Secretary shall make suitable material excavated

from the site as part of the rehabilitation effort available to the

non-Federal sponsor, at no cost to the Federal Government, for

use by the non-Federal sponsor in the development of public facilities: Provided further, That the Corps of Engineers shall not allocate

any funds to deposit dredged material along the Laguna Madre

portion of the Gulf Intracoastal Waterway except at the placement

areas specified in the Dredged Material Management Plan in section

2.11 of the Final Environmental Impact Statement for Maintenance

Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas,

Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas,

prepared by the Corps of Engineers dated September 2003: Provided

further, That nothing in the above proviso shall prevent the Corps

of Engineers from performing necessary maintenance operations

along the Gulf Intracoastal Waterway if the following conditions

are met: if the Corps proposes to use any placement areas that

are not currently specified in the Dredged Material Management

Plan and failure to use such alternative placement areas will result

in the closure of any segment of the Gulf Intracoastal Waterway,

then such proposal shall be analyzed in an Environmental Impact

Statement (EIS) and comply with all other applicable requirements

of the National Environmental Policy Act, 42 U.S.C. 4321, et seq.,

and all other applicable State and Federal laws, including the

Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species

Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management

Act, 16 U.S.C. 1451 et seq.: Provided further, That $15,000,000

is provided to be used by the Secretary of the Army, acting through

the Chief of Engineers, to repair, restore, and clean up projects

and facilities of the Corps of Engineers and dredge navigation

channels, restore and clean out area streams, provide emergency

stream bank protection, restore other crucial public infrastructure

(including water and sewer facilities), document flood impacts, and

undertake other flood recovery efforts considered necessary by the

Chief of Engineers: Provided further, That the Secretary of the

Army is directed to use $75,000 of the funds appropriated herein

to remove the weir feature of the project for flood damage reduction,

Mayfield Creek and Tributaries, Kentucky, constructed pursuant

to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),

without any further environmental or economic analysis or study:

Provided further, That the Secretary of the Army, acting through

the Chief of Engineers, is directed to use $250,000 of the funds

appropriated herein for sediment removal and dam repair at

Junaluska, North Carolina.

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining

to regulation of navigable waters and wetlands, $140,000,000, to

remain available until expended.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1833

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites

in the United States resulting from work performed as part of

the Nation’s early atomic energy program, $140,000,000, to remain

available until expended.

GENERAL EXPENSES

For expenses necessary for general administration and related

civil works functions in the headquarters of the United States

Army Corps of Engineers, the offices of the Division Engineers,

the Humphreys Engineer Center Support Activity, the Institute

for Water Resources, the United States Army Engineer Research

and Development Center, and the United States Army Corps of

Engineers Finance Center, $160,000,000, to remain available until

expended: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the activities

of the Office of the Chief of Engineers or the executive direction

and management activities of the division offices: Provided further,

That none of these funds shall be available to support an office

of congressional affairs within the executive office of the Chief

of Engineers.

ADMINISTRATIVE PROVISIONS

Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during

the current fiscal year the Revolving Fund, Corps of Engineers,

shall be available for purchase (not to exceed 100 for replacement

only) and hire of passenger motor vehicles.

GENERAL PROVISIONS

CORPS OF ENGINEERS—CIVIL

SEC. 101. Agreements proposed for execution by the Assistant

Secretary of the Army for Civil Works or the United States Army

Corps of Engineers after the date of the enactment of this Act

pursuant to section 4 of the Rivers and Harbor Act of 1915, Public

Law 64–291; section 11 of the River and Harbor Act of 1925,

Public Law 68–585; the Civil Functions Appropriations Act, 1936,

Public Law 75–208; section 215 of the Flood Control Act of 1968,

as amended, Public Law 90–483; sections 104, 203, and 204 of

the Water Resources Development Act of 1986, as amended, Public

Law 99–662; section 206 of the Water Resources Development Act

of 1992, as amended, Public Law 102–580; section 211 of the Water

Resources Development Act of 1996, Public Law 104–303; and any

other specific project authority, shall be limited to credits and

reimbursements per project not to exceed $10,000,000 in each fiscal

year, and total credits and reimbursements for all applicable

projects not to exceed $50,000,000 in each fiscal year.

SEC. 102. None of the funds appropriated in this or any other

Act may be used by the United States Army Corps of Engineers

to support activities related to the proposed Ridge Landfill in

Tuscarawas County, Ohio.

SEC. 103. None of the funds appropriated in this Act, or any

other Act, shall be used to demonstrate or implement any plans

divesting or transferring of any Civil Works missions, functions,

117 STAT. 1834 PUBLIC LAW 108–137—DEC. 1, 2003

or responsibilities for the United States Army Corps of Engineers

to other government agencies without specific direction in a subsequent Act of Congress.

SEC. 104. None of the funds appropriated in this or any other

Act may be used by the United States Army Corps of Engineers

to support activities related to the proposed Indian Run Sanitary

Landfill in Sandy Township, Stark County, Ohio.

SEC. 105. ALAMOGORDO, NEW MEXICO. The project for flood

protection at Alamogordo, New Mexico, authorized by the Flood

Control Act of 1962 (Public Law 87–874), is modified to authorize

and direct the Secretary to construct a flood detention basin to

protect the north side of the City of Alamogordo, New Mexico,

from flooding. The flood detention basin shall be constructed to

provide protection from a 100-year flood event. The project cost

share for the flood detention basin shall be consistent with section

103(a) of the Water Resources Development Act of 1986, notwithstanding section 202(a) of the Water Resources Development Act

of 1996.

NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, PENNSYLVANIA

Sec. 106. (a) DESIGNATION.—Lock and dam numbered 3 on

the Allegheny River, Pennsylvania, shall be known and designated

as the ‘‘C.W. Bill Young Lock and Dam’’.

(b) LEGAL REFERENCES.—A reference in any law, regulation,

document, record, map, or other paper of the United States to

the lock and dam referred to in subsection (a) shall be deemed

to be a reference to the ‘‘C.W. Bill Young Lock and Dam’’.

SEC. 107. The Secretary of the Army may utilize continuing

contracts in carrying out the studying, planning, or designing of

a water resources project prior to the authorization of the project

for construction.

SEC. 108. The Secretary is authorized to remove and dispose

of oil bollards and associated debris in Burlington Harbor, Vermont.

SEC. 109. KAKE DAM REPLACEMENT, KAKE, ALASKA TECHNICAL

CORRECTIONS. Section 105, Public Law 106–377, is amended by striking ‘‘$7,000,000’’ and inserting ‘‘$11,000,000 at full Federal

expense’’.

SEC. 110. DEAUTHORIZATION OF PROJECT FOR NAVIGATION, PAWTUXET COVE, RHODE ISLAND. (a) IN GENERAL.—The portions

of the project for navigation, Pawtuxet Cove, Rhode Island, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat.

1173) and described in subsection (b) shall no longer be authorized

after the date of enactment of this Act.

(b) DESCRIPTIONS.—The portions of the project referred to in

subsection (a) are the following:

(1) Beginning at a point along the western edge of the

6-foot channel just south of the 6-foot turning basin:

N247,856.00, E530,338.00, thence running north 51 degrees

44 minutes 12.5 seconds west 214.77 feet to a point

N247,989.00, E530,169.37, thence running north 13 degrees

14 minutes 48.8 seconds west 149.99 feet to a point

N248,135.00, E530,135.00, thence running north 44 degrees

11 minutes 7.4 seconds east 137.77 feet to a point N248,233.79,

E530,231.02, thence running north 3 degrees 58 minutes 18.8

seconds west 300.00 feet to a point N248,533.07, E530,210.24

thence running north 86 degrees 1 minute 34.3 seconds east

35.00 feet to a point N248,535.50, E530,245.16, thence running

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1835

south 3 degrees 58 minutes 21.0 seconds east 342.49 feet to

a point N248,193.83, E530,268.88, thence running south 44

degrees 11 minutes 7.4 seconds west 135.04 feet to a point

N248,097.00, E530,174.77, thence running south 13 degrees

14 minutes 48.8 seconds east 85.38 feet to a point N248,013.89,

E530,194.33, thence running south 51 degrees 44 minutes 12.5

seconds east 166.56 feet to a point N247,910.74, E530,325.11

thence running south 13 degrees 14 minutes 49.2 seconds east

56.24 feet to the point of origin.

(2) Beginning at a point along the eastern edge of the

6-foot channel opposite the 6-foot turning basin: N248,180.00,

E530,335.00, thence running south 32 degrees 12 minutes 35.3

seconds east 88.25 feet to a point N248,105.33, E530,382.04,

thence running south 13 degrees 14 minutes 49.2 seconds east

138.48 feet to a point N247,970.53, E530,413.77, thence running

north 32 degrees 12 minutes 35.3 seconds west 135.42 feet

to a point N248,085.12, E530,341.59, thence running north

3 degrees 58 minutes 21.0 seconds west 95.11 feet to the

point of origin.

(3) Beginning at a point along the eastern edge of the

channel adjacent to the 6-foot entrance channel: N246,630.77,

E530,729.17, thence running south 13 degrees 14 minutes 49.2

seconds east 35.55 feet to a point N246,596.16, E530,737.32,

thence running south 51 degrees 31 minutes 38.6 seconds east

283.15 feet to a point N246,420.00, E530,959.00, thence running

north 47 degrees 28 minutes 37.2 seconds west 311.84 feet

returning to a point N246,630.77, E530,729.17.

SEC. 111. (a) The Secretary of the Army is authorized to provide

technical, planning, design and construction assistance to non-Federal interests to remedy adverse environmental and human health

impacts in Ottawa County, Oklahoma. In providing assistance,

the Secretary shall coordinate with the State, Tribal, and local

interests. The Secretary may undertake implementation of such

activities as the Secretary determines to be necessary or advisable

to demonstrate practicable alternatives, such activities shall include

measures to address lead exposure and other environmental problems related to historical mining activities in the area.

(b) In carrying out subsection (a), the Secretary may utilize,

through contracts or other means, the services of the University

of Oklahoma, the Oklahoma Department of Environmental Quality,

or such other entities as the Secretary determines to be appropriate.

(c) Notwithstanding any other provision of law, the Secretary

shall not incur liability under the Comprehensive Environmental

Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)

for activities undertaken pursuant to this section.

(d) Non-Federal interests shall be responsible for providing

any necessary lands, easements or rights-of-way required for

implementation of activities authorized by this section and shall

be responsible for operating and maintaining any restoration alternatives constructed or carried out pursuant to this section. All

other costs shall be borne by the Federal Government.

(e) There is authorized to be appropriated $15,000,000 to carry

out the purposes of this section.

SEC. 112. The amount of $2,000,000 previously provided under

the heading ‘‘Construction, General’’ in title I of the Energy and

Water Development Appropriations Act, 2003, division D of Public

Law 108–7, is to be used to provide technical assistance at full

117 STAT. 1836 PUBLIC LAW 108–137—DEC. 1, 2003

Federal expense, to Alaskan communities to address the serious

impacts of coastal erosion.

SEC. 113. ST. GEORGES BRIDGE, DELAWARE. None of the funds

made available in this Act may be used to carry out any activity

relating to closure or removal of the St. Georges Bridge across

the Intracoastal Waterway, Delaware River to Chesapeake Bay,

Delaware and Maryland, including a hearing or any other activity

relating to preparation of an environmental impact statement concerning the closure or removal.

SEC. 114. Section 214(a) of Public Law 106–541 is amended

by striking ‘‘2003’’ and inserting ‘‘2005’’.

SEC. 115. The Secretary of the Army, acting through the Chief

of Engineers, shall direct construction of Alternative 1 (Northeast

Corner) for the project authorized in section 353 of Public Law

105–277 notwithstanding any other provision of law.

SEC. 116. The Secretary of the Army, acting through the Chief

of Engineers, is authorized to undertake appropriate planning,

design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City

of Albuquerque. Work shall be directed toward those portions of

the bosque which have been damaged by wildfire or are in imminent

danger of damage from wildfire due to heavy fuel loads and impediments to emergency vehicle access.

SEC. 117. Section 595 of the Water Resources Development

Act of 1999 (113 Stat. 383; 117 Stat. 142) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, AND

RURAL UTAH.’’;

(2) in subsection (a)—

(A) by redesignating paragraphs (1) through (3) as

subparagraphs (A) through (C), respectively;

(B) by striking (a) and all that follows through

‘‘means—’’ and inserting the following:

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) RURAL NEVADA.—The term ‘rural Nevada’ means’’; and

(C) by adding at the end the following:

‘‘(2) RURAL UTAH.—The term ‘rural Utah’ means—

‘‘(A) the counties of Box Elder, Cache, Rich, Tooele,

Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah,

Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand,

Beaver, Piute, Wayne, Iron, Garfield, San Juan, and Kane,

Utah; and

‘‘(B) the portions of Washington County, Utah, that

are located outside the city of St. George, Utah.’’;

(3) in subsections (b) and (c), by striking ‘‘Nevada, Montana,

and Idaho’’ and inserting ‘‘Idaho, Montana, rural Nevada, New

Mexico, and rural Utah’’; and

(4) in subsection (h), by striking ‘‘2001—’’ and all that

follows and inserting ‘‘2001 $25,000,000 for each of Idaho, Montana, New Mexico, and rural Utah, to remain available until

expended.’’.

SEC. 118. Section 560(f) of Public Law 106–53 is amended

by striking ‘‘$5,000,000’’ and inserting ‘‘$7,500,000’’.

SEC. 119. Section 219(f) of the Water Resources Development

Act of 1992 (Public Law 102–580; 106 Stat. 4835), as amended

33 USC 2336.

23 USC 2201

note.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1837

by section 502(b) of the Water Resources Development Act of 1999

(Public Law 106–53; 113 Stat. 335) and section 108(d) of title

I of division B of the Miscellaneous Appropriations Act, 2001 (as

enacted by Public law 106–554; 114 Stat. 2763A–220), is further

amended by adding at the end the following:

‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 is authorized

for wastewater infrastructure, Coronado, California.’’.

SEC. 120. Section 592(g) of the Water Resources Development

Act of 1999 (Public Law 106–53; 113 Stat. 380) is amended by

striking ‘‘$25,000,000 for the period beginning with fiscal year 2000’’

and inserting ‘‘$100,000,000’’.

SEC. 121. PARK RIVER, GRAFTON, NORTH DAKOTA. Section 364(5)

of the Water Resources Development Act of 1999 (113 Stat. 314)

is amended—

(1) by striking ‘‘$18,265,000’’ and inserting ‘‘$21,075,000’’;

and

(2) by striking ‘‘$9,835,000’’ and inserting ‘‘$7,025,000’’.

SEC. 122. SCHUYLKILL RIVER PARK, PHILADELPHIA, PENNSYLVANIA. The Secretary of the Army shall provide technical, planning,

design, and construction assistance for Schuylkill River Park,

Philadelphia, Pennsylvania, in accordance with section 564(c) of

the Water Resources Development Act of 1996 (Public Law 104–

303; 110 Stat. 3785), as contained in the February 2003 report

of the Philadelphia District based on regional economic development

benefits, at a Federal share of 50 percent and a non-Federal share

of 50 percent.

SEC. 123. GWYNNS FALLS WATERSHED, BALTIMORE, MARYLAND.

The Secretary of the Army shall implement the project for ecosystem

restoration, Gwynns Falls, Maryland, in accordance with the Baltimore Metropolitan Water Resources-Gwynns Falls Watershed Feasibility Report prepared by the Corps of Engineers and the City

of Baltimore, Maryland.

SEC. 124. SNAKE RIVER CONFLUENCE INTERPRETATIVE CENTER,

CLARKSTON, WASHINGTON. (a) IN GENERAL.—The Secretary of the

Army, acting through the Chief of Engineers (referred to in this

section as the ‘‘Secretary’’) is authorized and shall carry out a

project to plan, design, construct, furnish, and landscape a federally

owned and operated Collocated Civil Works Administrative Building

and Snake River Confluence Interpretative Center, as described

in the Snake River Confluence Center Project Management Plan.

(b) LOCATION.—The project—

(1) shall be located on Federal property at the confluence

of the Snake River and the Clearwater River, near Clarkston,

Washington; and

(2) shall be considered to be a capital improvement of

the Clarkston office of the Lower Granite Project.

(c) EXISTING STRUCTURES.—In carrying out the project, the

Secretary may demolish or relocate existing structures.

(d) COST SHARING.—

(1) TOTAL COST.—The total cost of the project shall not

exceed $3,500,000 (excluding interpretative displays).

(2) FEDERAL SHARE.—The Federal share of the cost of the

project shall be $3,000,000.

(3) NON-FEDERAL SHARE.—

(A) IN GENERAL.—The non-Federal share of the cost

of the project— (i) shall be $500,000; and

117 STAT. 1838 PUBLIC LAW 108–137—DEC. 1, 2003

(ii) may be provided—

(I) in cash; or

(II) in kind, with credit accorded to the nonFederal sponsor for provision of all necessary services, replacement facilities, replacement land (not

to exceed 4 acres), easements, and rights-of-way

acceptable to the Secretary and the non-Federal

sponsor.

(B) INTERPRETIVE EXHIBITS.—In addition to the nonFederal share described in subparagraph (A), the non-Federal sponsor shall fund, operate, and maintain all

interpretative exhibits under the project.

SEC. 125. FLOOD DAMAGE REDUCTION, MILL CREEK, CINCINNATI, OHIO. The Secretary of the Army is directed to complete the General

Reevaluation Report on the Mill Creek, Ohio, project within 15

months of enactment of this Act at 100 percent Federal cost. The

report shall provide plans for flood damage reduction throughout

the basin equivalent to and commensurate with that afforded by

the authorized, partially implemented, Mill Creek, Ohio, Flood

Damage Reduction Project, as authorized in section 201 of the

Flood Control Act of 1970 (Public Law 91–611).

SEC. 126. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.

Section 219(f)(25) of the Water Resources Development Act of 1992

(113 Stat. 336; 114 Stat. 2763A–220) is amended—

(1) by striking ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’;

and

(2) by inserting ‘‘wastewater treatment and’’ before ‘‘water

supply’’.

SEC. 127. Section 219(f) of the Water Resources Development

Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–

220–221) is amended by adding at the end the following:

‘‘CHARLESTON, SOUTH CAROLINA.—$5,000,000 for wastewater infrastructure, including wastewater collection systems, Charleston,

South Carolina.’’.

SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA. (a) IN

GENERAL.—The Secretary of the Army is authorized to carry out

the project for flood damage reduction and environmental restoration, American River Watershed, California, substantially in accordance with the plans, and subject to the conditions, described in

the Report of the Chief of Engineers dated November 5, 2002,

at a total cost of $257,300,000, with an estimated Federal cost

of $201,200,000 and an estimated non-Federal cost of $56,100,000;

except that the Secretary is authorized to accept funds from State

and local governments and other Federal agencies for the purpose

of constructing a permanent bridge instead of the temporary bridge

described in the recommended plan and may construct such permanent bridge if all additional costs for such bridge, above the

$36,000,000 provided for in the recommended plan for bridge

construction, are provided by such governments or agencies.

(b) EXPEDITING BRIDGE DESIGN AND CONSTRUCTION.—The Secretary, in cooperation with appropriate non-Federal interests, shall

immediately commence appropriate studies for, and the design of,

a permanent bridge (including an evaluation of potential impacts

of bridge construction on traffic patterns and identification of alternatives for mitigating such impacts) and, upon execution of a costsharing agreement with such non-Federal interests, shall proceed

to construction of the bridge as soon as practicable; except that

Reports.

Deadline.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1839

such studies, design, and construction shall not adversely affect

the schedule of design or construction of authorized projects for

flood damage reduction.

SEC. 129. AMERICAN AND SACRAMENTO RIVERS, CALIFORNIA. The project for flood damage reduction, American and Sacramento

Rivers, California, authorized by section 101(a)(1) of the Water

Resources Development Act of 1996 (110 Stat. 3662–3663) and

modified by section 366 of the Water Resources Development Act

of 1999 (113 Stat. 319–320), is further modified to direct the Secretary to carry out the project, at a total cost of $205,000,000.

SEC. 130. PLACER AND EL DORADO COUNTIES, CALIFORNIA. (a)

ESTABLISHMENT OF PROGRAM.—The Secretary of the Army may

establish a program to provide environmental assistance to nonFederal interests in Placer and El Dorado Counties, California.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance to improve

the efficiency and use of existing water supplies in Placer and

El Dorado Counties through water and wastewater projects, programs, and infrastructure.

(c) OWNERSHIP REQUIREMENT.—The Secretary may provide

assistance for a project under this section only if the project is

publicly owned.

(d) PARTNERSHIP AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a partnership agreement

with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each partnership agreement entered

into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.—

(A) IN GENERAL.—The Federal share of the project

costs under each partnership agreement entered into under

this subsection shall be 75 percent. The Federal share

may be in the form of grants or reimbursements of project

costs.

(B) CREDIT FOR WORK.—The non-Federal interests shall

receive credit for the reasonable cost of design work on

a project completed by the non-Federal interest before

entering into a partnership agreement with the Secretary

for such project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of a project that is the

subject of an agreement under this section, the non-Federal

interest shall receive credit for reasonable interest incurred

in providing the non-Federal share of the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

117 STAT. 1840 PUBLIC LAW 108–137—DEC. 1, 2003

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(f) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of the

Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project

undertaken under this section, a non-Federal interest may include

a nonprofit entity with the consent of the affected local government.

(g) CORPS OF ENGINEERS EXPENSES.—Ten percent of the

amounts appropriated to carry out this section may be used by

the Corps of Engineers district offices to administer projects under

this section at 100 percent Federal expense.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $40,000,000. Such

sums shall remain available until expended.

SEC. 131. SACRAMENTO AREA, CALIFORNIA. Section 219(f)(23)

of the Water Resources Development Act of 1992 (106 Stat. 4835–

4836; 113 Stat. 336) is amended by striking ‘‘$25,000,000’’ and

inserting ‘‘$35,000,000’’.

SEC. 132. UPPER KLAMATH BASIN, CALIFORNIA. (a) DEFINITION

OF UPPER KLAMATH BASIN.—In this section, the term ‘‘Upper

Klamath Basin’’ means the counties of Klamath, Oregon, and

Siskiyou and Modoc, California.

(b) ESTABLISHMENT OF PROGRAM.—The Secretary of the Army

may establish a program to provide environmental assistance to

non-Federal interests in the Upper Klamath Basin.

(c) FORM OF ASSISTANCE.—Assistance under this section may

be in the form of design and construction assistance to improve

the efficiency and use of existing water supplies in the Upper

Klamath Basin through water and wastewater and ecosystem restoration projects, programs, and infrastructure.

(d) OWNERSHIP REQUIREMENT.—The Secretary may provide

assistance for a project under this section only if the project is

publicly owned.

(e) PARTNERSHIP AGREEMENTS.—

(1) IN GENERAL.—Before providing assistance under this

section, the Secretary shall enter into a partnership agreement

with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.

(2) REQUIREMENTS.—Each partnership agreement entered

into under this subsection shall provide for the following:

(A) PLAN.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including

appropriate engineering plans and specifications.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1841

(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the

project by the non-Federal interest.

(3) COST SHARING.— (A) IN GENERAL.—The Federal share of the project

costs under each partnership agreement entered into under

this subsection shall be 75 percent. The Federal share

may be in the form of grants or reimbursements of project

costs.

(B) CREDIT FOR WORK.—The non-Federal interests shall

receive credit for the reasonable cost of design work on

a project completed by the non-Federal interest before

entering into a partnership agreement with the Secretary

for such project.

(C) CREDIT FOR INTEREST.—In case of a delay in the

funding of the non-Federal share of a project that is the

subject of an agreement under this section, the non-Federal

interest shall receive credit for reasonable interest incurred

in providing the non-Federal share of the project’s costs.

(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—

The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs

associated with obtaining permits necessary for the

construction, operation, and maintenance of the project

on publicly owned or controlled land), but not to exceed

25 percent of total project costs.

(E) OPERATION AND MAINTENANCE.—The non-Federal

share of operation and maintenance costs for projects constructed with assistance provided under this section shall

be 100 percent.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of any provision of Federal or State law that would

otherwise apply to a project to be carried out with assistance

provided under this section.

(g) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of

the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any

project undertaken under this section, a non-Federal interest may

include a nonprofit entity with the consent of the affected local

government.

(h) CORPS OF ENGINEERS EXPENSES.—Ten percent of the

amounts appropriated to carry out this section may be used by

the Corps of Engineers district offices to administer projects under

this section at 100 percent Federal expense.

(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $25,000,000. Such

sums shall remain available until expended.

SEC. 133. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS. Section 219(f) of the Water Resources Development Act of 1992 (106

Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–220–221) is

amended by adding at the end the following:

‘‘(71) PLACER AND EL DORADO COUNTIES, CALIFORNIA.—

$35,000,000 to improve the efficiency and use of existing water

supplies in Placer and El Dorado Counties, California, through

water and wastewater projects, programs, and infrastructure.

117 STAT. 1842 PUBLIC LAW 108–137—DEC. 1, 2003

‘‘(72) LASSEN, PLUMAS, BUTTE, SIERRA, AND NEVADA COUNTIES, CALIFORNIA.—$25,000,000 to improve the efficiency and

use of existing water supplies in the counties of Lassen, Plumas,

Butte, Sierra, and Nevada, California, through water and waste

water projects, programs, and infrastructure.’’.

SEC. 134. BRIDGE AUTHORIZATION. There is authorized to be

appropriated $30,000,000 for the construction of the permanent

bridge described in section 128(a).

SEC. 135. Section 504(a)(2) of the Water Resources Development

Act of 1999 (113 Stat. 338) is amended by striking ‘‘Kehly Run

Dam’’ and inserting ‘‘Kehly Run Dams’’.

SEC. 136. The McClellan-Kerr Arkansas River navigation

project, authorized under the comprehensive plan for the Arkansas

River Basin by section 3 of the Act entitled ‘‘An Act authorizing

the construction of certain public works on rivers and harbors

for flood control, and for other purposes’’, approved June 28, 1938

(52 Stat. 1218) and section 10 of the Flood Control Act of 1946

(60 Stat. 647) and where applicable the provisions of the River

and Harbor Act of 1946 (60 Stat. 634) and modified by section

108 of the Energy and Water Development Appropriations Act,

1988 (101 Stat. 1329–112), is further modified to authorize a project

depth of 12 feet.

SEC. 137. The Secretary shall provide credit to the non-Federal

sponsor for preconstruction engineering and design work performed

by the non-Federal sponsor for the environmental dredging project

at Ashtabula River, Ohio, prior to execution of a Project Cooperation

Agreement.

SEC. 138. GATEWAY POINT, NORTH TONAWANDA, NEW YORK.

The Secretary shall review the shoreline stabilization, recreation,

and public access components of the feasibility report for waterfront

development at Gateway Point, North Tonawanda, New York, entitled ‘‘City of North Tonawanda, Gateway Point Feasibility’’, dated

February 6, 2003, and prepared by the non-Federal interest and,

if the Secretary determines that those components meet the evaluation and design standards of the Corps of Engineers and that

the components are feasible, may carry out the components at

a Federal cost not to exceed $3,300,000.

SEC. 139. CHICAGO RIVER AND HARBOR ILLINOIS. Those portions

of the projects for navigation, Chicago River and Chicago Harbor,

authorized by the River and Harbor Act of March 3, 1899, (30

Stat. 1129) extending 50 feet riverward of the existing dock wall

on the south side of the channel from Lake Street to Franklin

Street and 25 feet riverward of the existing dock wall on the

south side of the channel from Franklin Street to Wabash Avenue,

and those areas within 20 feet of the bridge abutments on the

south side of the channel for the length of the protection bridge

piers from the Franklin Street Bridge to the Michigan Avenue

Bridge shall no longer be authorized after the date of enactment

of this Act.

SEC. 140. SAN FRANCISCO, CALIFORNIA. CAPITAL IMPROVEMENT

PROJECT.—

(1) ESTABLISHMENT OF OFFICE.—The Secretary shall establish a centralized office at the office of the district engineer,

San Francisco, California, for the use of all Federal and State

agencies that are or will be involved in issuing permits and

conducting environmental reviews for the capital improvement

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1843

project to repair and upgrade the water supply and delivery

system for the city of San Francisco.

(2) CONTRIBUTIONS.—The Secretary may use the authority

under section 214 of the Water Resources Development Act

of 2000 (33 U.S.C. 2201 note) for the project described in

paragraph (1).

(3) PROTECTION OF IMPARTIAL DECISIONMAKING.—In carrying out this section, the Secretary and the heads of Federal

agencies receiving funds under such section 214 for the project

described in paragraph (1) shall ensure that the use of the

funds accepted under such section for such project will not

impact impartial decision making with respect to the issuance

of permits, either substantively or procedurally, or diminish,

modify, or otherwise affect the statutory or regulatory authorities of such agencies.

SEC. 141. WOLF LAKE, INDIANA. The project for aquatic ecosystem restoration, Wolf Lake, Indiana, being carried out under

section 206 of the Water Resources Development Act of 1996 (33

U.S.C. 2330), is modified to direct the Secretary to credit toward

the non-Federal share of the cost of the project the cost of planning,

design, and construction work carried out by the non-Federal

interest before the date of the project cooperation agreement for

the project if the Secretary determines that the work is integral

to the project.

SEC. 142. COOK COUNTY, ILLINOIS. The Secretary of the Army

is directed to credit up to $80,000 for design work completed by

non-Federal interests, prior to and after the signing of the project

cooperation agreement, toward the non-Federal share of the project

for Calumet and Burr Oaks Schools Sewer Improvements, Cook

County, Illinois, authorized by section 219(f)(54) of the Water

Resources Development Act of 1992 (Public Law 102–580, as

amended), if the Secretary determines that the work is integral

to the project.

SEC. 143. LOS ANGELES HARBOR, LOS ANGELES, CALIFORNIA.

The project for navigation, Los Angeles Harbor, Los Angeles, California, authorized by section 101(b)(5) of the Water Resources

Development Act of 2000 (114 Stat. 2577), is modified to direct

the Secretary to credit toward the non-Federal share of the cost

of the project the cost of the planning, design, and construction

work carried out by the non-Federal interest before the date of

the partnership agreement for the project if the Secretary determines the work is integral to the project.

SEC. 144. SAN LORENZO RIVER, CALIFORNIA. The project for

flood control, San Lorenzo River, California, authorized by section

101(a)(5) of the Water Resources Development Act of 1996 (110

Stat. 3663), is modified to direct the Secretary to credit not more

than $2,000,000 toward the non-Federal share of the cost of the

project for the cost of the work carried out by the non-Federal

interest before the date of the project cooperation agreement for

the project if the Secretary determines the work is integral to

the project.

SEC. 145. CALUMET REGION, INDIANA. Section 219(f)(12) of the

Water Resources Development Act of 1992 (113 Stat. 335) is

amended—

(1) by striking ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’;

and

117 STAT. 1844 PUBLIC LAW 108–137—DEC. 1, 2003

(2) by striking ‘‘Lake and Porter’’ and inserting ‘‘Benton,

Jasper, Lake, Newton, and Porter’’.

SEC. 146. The Secretary of the Army, acting through the Chief

of Engineers, is authorized to construct the project for flood control,

Meramec River Basin, Valley Park Levee, Missouri, originally

authorized by Public Law 97–128 (95 Stat. 1682) and modified

by section 1128 of WRDA 1986 and section 333 of WRDA 1999,

at a maximum Federal expenditure of $50,000,000.

SEC. 147. The project for flood control, Saw Mill Run, Pennsylvania, authorized by section 401(a) of Public Law 99–662 (100

Stat. 4124) and modified by section 301(a) of Public Law 104–

303 (110 Stat. 3708), is further modified to authorize the Secretary

to carry out the project at a total cost of $22,000,000, with an

estimated Federal cost of $16,500,000 and an estimated non-Federal

cost of $5,500,000.

SEC. 148. The project for flood control, Roanoke River Upper

Basin, Virginia, authorized by section 401(a) of Public Law 99–

662 (100 Stat. 4126), is further modified to authorize the Secretary

to construct the project at a total cost of $61,700,000, with an

estimated Federal cost of $43,000,000 and an estimated non-Federal

cost of $18,700,000.

SEC. 149. The project for harbor deepening, Brunswick Harbor,

Georgia, authorized by section 101(a)(19), Public Law 106–53, and

amended by the fiscal year 2003 Consolidated Appropriations Act,

Public Law 108–7, is further modified to authorize the Secretary

to construct the project at a total cost of $96,276,000 with an

estimated Federal cost of $61,709,000 and an estimated non-Federal

cost of $34,567,000.

SEC. 150. The project for flood control, Lackawanna River at

Olyphant, Pennsylvania, authorized by section 101(16) of Public

Law 102–580 (106 Stat. 4797), is modified to authorize the Secretary

to carry out the project at a total cost of $23,000,000, with an

estimated Federal cost of $17,250,000 and an estimated non-Federal

cost of $5,750,000.

SEC. 151. PERRY CREEK, IOWA. The project for flood protection,

Perry Creek Flood Control Project, Sioux City, Iowa, authorized

under section 401(a) of the Water Resources Development Act of

1986, is modified to increase the project authorization to

$96,870,000 (Federal cost of $58,677,000 and non-Federal cost of

$38,193,000).

SEC. 152. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA. Section

358 of Public Law 106–53 is modified by striking ‘‘September 30,

1999,’’ and inserting ‘‘May 1, 1997,’’.

SEC. 153. Section 219(f) of the Water Resources Development

Act of 1992 is amended by adding at the end the following:

‘‘(71) $6,430,000 for environmental infrastructure for

Indianapolis, Indiana;’’.

SEC. 154. MISSISSIPPI RIVER AND BIG MUDDY RIVER, ILLINOIS.

(a) IN GENERAL.—The project for flood control, Mississippi River

and Big Muddy River, Illinois, authorized by the Flood Control

Act of 1938, is modified to authorize the Secretary to carry out

repair and rehabilitation of the project at a total cost of $22,600,000,

with an estimated Federal cost of $16,950,000 and an estimated

non-Federal cost of $5,650,000, and to perform operation and

maintenance of the project thereafter.

114 Stat.

2763A–221.

113 Stat. 312.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1845

(b) OTHER ASSISTANCE.—Federal assistance made available

through the Department of Agriculture may be used toward payment of the non-Federal share of the costs of the repair and

rehabilitation under this section.

(c) UNITED STATES LANDS.—Costs under this section for the

repair and rehabilitation allocable to the protection of lands owned

by the United States shall be a Federal responsibility. The Secretary

shall seek reimbursement from the Secretary of Agriculture for

the costs allocated to protecting lands owned by the Department

of Agriculture.

(d) OPERATION AND MAINTENANCE OF NON-FEDERAL LANDS.— The cost of operation and maintenance under this section allocated

to protecting non-Federal lands shall be a non-Federal responsibility.

SEC. 155. MOSS LAKE, LOUISIANA. The Secretary of the Army,

acting through the Chief of Engineers, is authorized to carry out

a project to restore lake depths at Moss Lake, Louisiana, adjacent

to the Calcasieu River and Pass channel at a total project cost

of $2,500,000.

SEC. 156. The project for navigation, Manatee Harbor, Florida,

authorized by section 202(a) of the Water Resources Development

Act of 1986 (100 Stat. 4093), and modified by section 102(j) of

the Water Resources Development Act of 1990 (104 Stat. 4612),

is further modified—

(1) to include the construction of an extension of the south

channel a distance of approximately 1584 feet consistent with

the general reevaluation report, dated April 2002, prepared

by the Jacksonville District Corps of Engineers, at a total

cost of $11,300,000, with an estimated Federal cost of

$8,475,000 and an estimated non-Federal cost of $2,825,000;

(2) to direct the Secretary to credit toward the non-Federal

share of the cost of the project the cost of in-kind services

and materials provided for the project by the non-Federal

interest;

(3) to direct the Secretary to credit toward the non-Federal

share of the cost of the project the cost of planning, design,

and construction work carried out by the non-Federal interest

before the date of the partnership agreement for the project

if the Secretary determines that the work is integral to the

project; and

(4) to authorize the Secretary to carry out the project

as modified at a total cost of $61,500,000.

SEC. 157. HARRIS GULLY, HARRIS COUNTY, TEXAS.

(a) STUDY.—

(1) IN GENERAL.—The Secretary shall conduct a study to

determine the feasibility of carrying out a project for flood

damage reduction in the Harris Gully watershed, Harris

County, Texas, to provide flood protection for the Texas Medical

Center, Houston, Texas.

(2) USE OF LOCAL STUDIES AND PLANS.—In conducting the

study, the Secretary shall use, to the extent practicable, studies

and plans developed by the non-Federal interest if the Secretary

determines that such studies and plans meet the evaluation

and design standards of the Corps of Engineers.

(3) COMPLETION DATE.—The Secretary shall complete the

study by July 1, 2004.

117 STAT. 1846 PUBLIC LAW 108–137—DEC. 1, 2003

(b) CRITICAL FLOOD DAMAGE REDUCTION MEASURES.—The Secretary may carry out critical flood damage reduction measures

that the Secretary determines are feasible and that will provide

immediate and substantial flood damage reduction benefits in the

Harris Gully watershed, at a Federal cost of $7,000,000.

(c) CREDIT.—The Secretary shall credit toward the non-Federal

share of the cost of the project the cost of planning, design, and

construction work carried out by the non-Federal interest before

the date of the partnership agreement for the project if the Secretary

determines that such work is integral to the project.

(d) NONPROFIT ENTITY.—Notwithstanding section 221 of the

Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a nonprofit entity

may, with the consent of the local government, serve as a nonFederal interest for the project undertaken under this section.

SEC. 158. The Secretary may carry out the Reach J, Segment

1, element of the project for hurricane and storm damage reduction,

Morganza to the Gulf of Mexico, Louisiana, in accordance with

the report of the Chief of Engineers, dated August 23, 2002, and

supplemental report dated July 22, 2003, at a total cost of

$4,000,000.

TITLE II

DEPARTMENT OF THE INTERIOR

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah Project Completion Act, $36,463,000, to remain available until

expended, of which $9,423,000 shall be deposited into the Utah

Reclamation Mitigation and Conservation Account for use by the

Utah Reclamation Mitigation and Conservation Commission.

In addition, for necessary expenses incurred in carrying out

related responsibilities of the Secretary of the Interior, $1,728,000,

to remain available until expended.

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute

authorized functions of the Bureau of Reclamation:

WATER AND RELATED RESOURCES

(INCLUDING TRANSFER OF FUNDS)

For management, development, and restoration of water and

related natural resources and for related activities, including the

operation, maintenance, and rehabilitation of reclamation and other

facilities, participation in fulfilling related Federal responsibilities

to Native Americans, and related grants to, and cooperative and

other agreements with, State and local governments, Indian tribes,

and others, $857,498,000, to remain available until expended, of

which $51,330,000 shall be available for transfer to the Upper

Colorado River Basin Fund and $33,570,000 shall be available

for transfer to the Lower Colorado River Basin Development Fund;

of which such amounts as may be necessary may be advanced

to the Colorado River Dam Fund; and of which not more than

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1847

$500,000 is for high priority projects which shall be carried out

by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:

Provided, That such transfers may be increased or decreased within

the overall appropriation under this heading: Provided further, That

of the total appropriated, the amount for program activities that

can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l–6a(i) shall

be derived from that Fund or account: Provided further, That funds

contributed under 43 U.S.C. 395 are available until expended for

the purposes for which contributed: Provided further, That funds

advanced under 43 U.S.C. 397a shall be credited to this account

and are available until expended for the same purposes as the

sums appropriated under this heading: Provided further, That funds

available for expenditure for the Departmental Irrigation Drainage

Program may be expended by the Bureau of Reclamation for site

remediation on a non-reimbursable basis: Provided further, That

$1,000,000 is to be used for completion of the Santa Fe wells

project in New Mexico through a cooperative agreement with the

City of Santa Fe: Provided further, That $10,000,000 of the funds

appropriated herein shall be deposited in the San Gabriel Basin

Restoration Fund established by section 110 of division B, title

I of Public Law 106–554, as amended: Provided further, That section

301 of Public Law 102–250, Reclamation States Emergency Drought

Relief Act of 1991, as amended, is amended further by inserting

‘‘2003, and 2004’’ in lieu of ‘‘and 2003’’.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

For administrative expenses necessary to carry out the program for direct loans and/or grants, $200,000, to remain available until

expended, of which the amount that can be financed by the Reclamation Fund shall be derived from that fund.

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, and habitat

restoration, improvement, and acquisition provisions of the Central

Valley Project Improvement Act, $39,600,000, to be derived from

such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and

3406(c)(1) of Public Law 102–575, to remain available until

expended: Provided, That the Bureau of Reclamation is directed

to assess and collect the full amount of the additional mitigation

and restoration payments authorized by section 3407(d) of Public

Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing

of water for in-stream purposes if the water is already committed

to in-stream purposes by a court adopted decree or order.

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related

functions in the office of the Commissioner, the Denver office,

and offices in the five regions of the Bureau of Reclamation, to

remain available until expended, $55,525,000, to be derived from

the Reclamation Fund and be nonreimbursable as provided in 43

U.S.C. 377: Provided, That no part of any other appropriation

43 USC 2241.

117 STAT. 1848 PUBLIC LAW 108–137—DEC. 1, 2003

in this Act shall be available for activities or functions budgeted

as policy and administration expenses.

WORKING CAPITAL FUND

(RESCISSION)

From unobligated balances under this heading, $4,525,000 are

rescinded.

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available

for purchase of not to exceed 14 passenger motor vehicles, of which

12 are for replacement only.

GENERAL PROVISIONS

DEPARTMENT OF THE INTERIOR

SEC. 201. (a) None of the funds appropriated or otherwise

made available by this Act may be used to determine the final

point of discharge for the interceptor drain for the San Luis Unit

until development by the Secretary of the Interior and the State

of California of a plan, which shall conform to the water quality

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any

detrimental effect of the San Luis drainage waters.

(b) The costs of the Kesterson Reservoir Cleanup Program

and the costs of the San Joaquin Valley Drainage Program shall

be classified by the Secretary of the Interior as reimbursable or

nonreimbursable and collected until fully repaid pursuant to the

‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP–

Alternative Repayment Plan’’ described in the report entitled

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San

Joaquin Valley Drainage Program, February 1995’’, prepared by

the Department of the Interior, Bureau of Reclamation. Any future

obligations of funds by the United States relating to, or providing

for, drainage service or drainage studies for the San Luis Unit

shall be fully reimbursable by San Luis Unit beneficiaries of such

service or studies pursuant to Federal reclamation law.

SEC. 202. None of the funds appropriated or otherwise made

available by this or any other Act may be used to pay the salaries

and expenses of personnel to purchase or lease water in the Middle

Rio Grande or the Carlsbad Projects in New Mexico unless said

purchase or lease is in compliance with the purchase requirements

of section 202 of Public Law 106–60.

SEC. 203. Subsection 206(b) of Public Law 101–514 is amended

as follows: In paragraph (1), strike ‘‘, with annual quantities delivered under these contracts to be determined by the Secretary based

upon the quantity of water actually needed within the Sacramento

County Water Agency service area and San Juan Suburban Water

District after considering reasonable efforts to: (i) promote full

utilization of existing water entitlements within Sacramento

County; (ii) implement water conservation and metering programs

within the areas served by the contract; and (iii) implement programs to maximize to the extent feasible conjunctive use of surface

water and groundwater’’.

104 Stat. 2087.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1849

SEC. 204. The Secretary of the Interior is authorized and

directed to amend the Central Valley Project water supply contracts

of the Sacramento County Water Agency and the San Juan Suburban Water District by deleting a provision requiring a determination

of annual water needs included pursuant to section 206 of Public

Law 101–514.

SEC. 205. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)

IN GENERAL.—Notwithstanding section 403(f) of the Colorado River

Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower

Colorado River Basin Development Fund shall be paid to the general

fund of the Treasury until each provision of the revised Stipulation

Regarding a Stay and for Ultimate Judgment Upon the Satisfaction

of Conditions, filed in United States District Court on April 24,

2003, in Central Arizona Water Conservation District v. United

States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–

EHC (Consolidated Action)), and any amendment or revision

thereof, is met.

(b) PAYMENT TO GENERAL FUND.—If any of the provisions of

the stipulation referred to in subsection (a) are not met by the

date that is 10 years after the date of enactment of this Act,

payments to the general fund of the Treasury shall resume in

accordance with section 403(f) of the Colorado River Basin Project

Act (43 U.S.C. 1543(f)).

(c) AUTHORIZATION.—Amounts in the Lower Colorado River

Basin Development Fund that but for this section would be returned

to the general fund of the Treasury shall not be expended until

further Act of Congress.

SEC. 206. The second paragraph under the heading ‘‘Administrative Provisions’’ in Public Law 102–377 (43 U.S.C. 377b) is

amended by inserting ‘‘, not to exceed $5,000,000 for each causal

event giving rise to a claim or claims’’ after ‘‘activities of the

Bureau of Reclamation’’.

SEC. 207. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water

priority allocation. Such leases may be entered into with an option

to purchase: Provided, That such purchase is approved by the

State in which the purchase takes place and the purchase does

not cause economic harm within the State in which the purchase

is made.

SEC. 208. (a) Notwithstanding any other provision of law, the

Secretary of the Interior, acting through the Commissioner of the

Bureau of Reclamation, may not obligate funds appropriated for

the current fiscal year or any prior Energy and Water Development

Appropriations Act, or funds otherwise made available to the

Commissioner of the Bureau of Reclamation, and may not use

discretion, if any, to restrict, reduce or reallocate any water stored

in Heron Reservoir or delivered pursuant to San Juan-Chama

Project contracts, including execution of said contracts facilitated

by the Middle Rio Grande Project, to meet the requirements of

the Endangered Species Act, unless such water is acquired or

otherwise made available from a willing seller or lessor and the

use is in compliance with the laws of the State of New Mexico,

including but not limited to, permitting requirements.

(b) Complying with the reasonable and prudent alternatives

and the incidental take limits defined in the Biological Opinion

43 USC 1543

note.

117 STAT. 1850 PUBLIC LAW 108–137—DEC. 1, 2003

released by the United States Fish and Wildlife Service dated

March 17, 2003 combined with efforts carried out pursuant to

Public Law 106–377, Public Law 107–66, and Public Law 108–

7 fully meet all requirements of the Endangered Species Act (16

U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery

Minnow (Hybognathus amarus) and the Southwestern Willow

Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande

in New Mexico.

(c) This section applies only to those Federal agency and nonFederal actions addressed in the March 17, 2003 Biological Opinion.

(d) Subsection (b) will remain in effect for 2 years following

the implementation of this Act.

SEC. 209. ENDANGERED SPECIES COLLABORATIVE PROGRAM. (a)

Using funds previously appropriated, the Secretary of the Interior,

acting through the Commissioner of the Bureau of Reclamation

and the Director of the Fish and Wildlife Service, for purposes

of improving the efficiency and expediting the efforts of the Endangered Species Act Collaborative Program Workgroup, is directed

to establish an executive committee of seven members consisting

of—

(1) one member from the Bureau of Reclamation;

(2) one member from the Fish and Wildlife Service; and

(3) one member at large representing each of the following

seven entities (selected at the discretion of the entity in consultation with the Bureau of Reclamation and the Fish and

Wildlife Service) currently participating as signatories to the

existing Memorandum of Understanding:

(A) other Federal agencies;

(B) State agencies;

(C) municipalities;

(D) universities and environmental groups;

(E) agricultural communities;

(F) Middle Rio Grande Pueblos (Sandia, Isleta, San

Felipe, Cochiti, Santa Ana, and Santo Domingo); and

(G) Middle Rio Grande Conservancy District.

(b) Formation of this Committee shall not occur later than

45 days after enactment of this Act.

(c) Fiscal year 2004 appropriations shall not be obligated or

expended prior to approval of a detailed spending plan by the

House and Senate Committees on Appropriations.

(d) The above section shall come into effect within 180 days

of enactment of this Act, unless the Bureau of Reclamation, in

consultation with the above listed parties, has provided an alternative workgroup structure which has been approved by the House

and Senate Committees on Appropriations.

SEC. 210. TULAROSA BASIN NATIONAL DESALINATION RESEARCH

FACILITY. (a) DESALINATION DEMONSTRATION AND DEVELOPMENT.—

Pursuant to section 4(a) of Public Law 104–298; 110 Stat. 3622

(October 11, 1996), the Secretary may hereafter conduct or contract

for the design, construction, testing and operation of the Tularosa

Basin National Desalination Research Facility.

(b) The Tularosa Basin National Desalination Research Facility

is hereafter exempt from all provisions of section 7 of Public Law

104–298; 110 Stat. 3622 (October 11, 1996). The Federal share

of the cost of the Tularosa Basin National Desalination Research

Facility may be up to 100 percent, including the cost of design,

construction, operation, maintenance, repair and rehabilitation.

Effective date.

Deadline.

Establishment.

Termination

date.

Applicability.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1851

SEC. 211. The Secretary of the Interior, in carrying out

CALFED-related activities, may undertake feasibility studies for

Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper

San Joaquin Storage projects, hereafter. These storage studies

should be pursued along with ongoing environmental and other

projects in a balanced manner.

SEC. 212. The Secretary of the Interior, acting through the

Commissioner of the Bureau of Reclamation, is authorized to enter

into grants, cooperative agreements, and other agreements with

irrigation or water districts to fund up to 50 percent of the cost

of planning, designing, and constructing improvements that will

conserve water, increase water use efficiency, or enhance water

management through measurement or automation, at existing

water supply projects within the states identified in the Act of

June 17, 1902, as amended, and supplemented: Provided, That

when such improvements are to federally owned facilities, such

funds may be provided in advance on a non-reimbursable basis

to an entity operating affected transferred works or may be deemed

non-reimbursable for non-transferred works: Provided further, That

the calculation of the non-Federal contribution shall provide for

consideration of the value of any in-kind contributions, but shall

not include funds received from other Federal agencies: Provided

further, That the cost of operating and maintaining such improvements shall be the responsibility of the non-Federal entity: Provided

further, That this section shall not supercede any existing projectspecific funding authority. The Secretary is also authorized to enter

into grants or cooperative agreements with universities or nonprofit research institutions to fund water use efficiency research.

SEC. 213. HAWAII WATER RESOURCES STUDY. The Hawaii Water

Resources Act of 2000 (Public Law 106–566; 114 Stat. 2818) is

amended—

(1) in section 103—

(A) in subsection (b)(1), by striking ‘‘Not’’ and all that

follows through ‘‘the Secretary’’ and inserting ‘‘The Secretary’’ and

(B) in subsection (e), by striking ‘‘$300,000’’ and all

that follows and inserting ‘‘$2,000,000 for the Federal share

of the activities authorized under this section’’; and

(2) in section 104(b), by striking ‘‘cost-effective,’’ and all

that follows and inserting ‘‘cost-effective.’’.

SEC. 214. Notwithstanding the provisions of title IV of Public

Law 102–575 (106 Stat. 4648), the contributions of the Western

Area Power Administration to the Utah Reclamation Mitigation

and Conservation Account shall expire 10 fiscal years from the

date of enactment of this Act. Such contributions shall be from

an account established by the Western Area Power Administration

for this purpose and such contributions shall be made available

to the Utah Reclamation Mitigation and Conservation Account subject to appropriations. After 10 fiscal years from the date of enactment of this Act, the Utah Reclamation Mitigation and Conservation

Commission is hereby authorized to utilize interest earned and

accrued to the Utah Reclamation Mitigation and Conservation

Account.

SEC. 215. TUALATIN RIVER BASIN, OREGON. (a) AUTHORIZATION

TO CONDUCT FEASIBILITY STUDY.—The Secretary of the Interior

may conduct a Tualatin River Basin water supply feasibility study—

Expiration date.

114 Stat. 2819.

114 Stat. 2818.

117 STAT. 1852 PUBLIC LAW 108–137—DEC. 1, 2003

(1) to identify ways to meet future water supply needs

for agricultural, municipal, and industrial uses;

(2) to identify water conservation and water storage measures;

(3) to identify measures that would—

(A) improve water quality; and

(B) enable environmental and species protection; and

(4) as appropriate, to evaluate integrated water resource

management and supply needs in the Tualatin River Basin,

Oregon.

(b) FEDERAL SHARE.—The Federal share of the cost of the

study conducted under subsection (a)—

(1) shall not exceed 50 percent; and

(2) shall be nonreimbursable and nonreturnable.

(c) ACTIVITIES.—No activity carried out under this section shall

be considered a supplemental or additional benefit under Federal

reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter

1093), and Acts supplemental to and amendatory of that Act (43

U.S.C. 371 et seq.)).

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $2,900,000, to remain

available until expended.

SEC. 216. FACILITATION OF INDIAN WATER RIGHTS IN ARIZONA.

In order to facilitate Indian water rights settlements in the State

of Arizona, the Secretary may:

(1) Extend, on an annual basis, the repayment schedule

of debt incurred under section 9(d) of the Act of August 4,

1939 (43 U.S.C 485h(d)) by irrigation districts who have contracts for water delivery from the Central Arizona Project.

(2) If requested by either the Gila River Indian Community

or the San Carlos Apache Tribe, utilize appropriated funds

transferred into the Lower Colorado River Basin Development

Fund for construction of Indian Distribution systems to assist

in the partial funding of costs associated with the on-reservation

delivery of CAP water to these Indian tribes as set forth in

the Bureau of Reclamation’s FY 2004 Budget Justifications,

PF–2B Schedules for construction of the Central Arizona

Project. These funds shall be non-reimbursable Operation and

Maintenance funds and shall not exceed amounts projected

for construction by these Indian tribes as set forth in the

Bureau of Reclamation’s PF–2B Schedules that support the

FY 2004 Budget Justifications for the Central Arizona Project.

SEC. 217. RESTORATION OF FISH AND WILDLIFE HABITAT, PROVISION OF BOTTLED WATER FOR FALLON SCHOOLCHILDREN, AND ASSOCIATED PROVISIONS. (a) IN GENERAL.—In carrying out section 2507

of Public Law 107–171, title II, subtitle F, the Secretary of Interior,

acting through the Commissioner of Reclamation, shall—

(1) Notwithstanding section 2507 (b) of Public Law 107–

171, title II, subtitle F, and in accordance with Public Law

101–618, provide $2,500,000 to the State of Nevada to purchase

water rights from willing sellers and make necessary improvements to benefit Carson Lake and Pasture: Provided, That

such funds shall only be provided by the Bureau of Reclamation

when the title to Carson Lake and Pasture is conveyed to

the State of Nevada.

(2) As soon as practicable after enactment, provide $133,000

to Families in Search of the Truth, Fallon, Nevada, for the

Nevada.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1853

purchase of bottled water and costs associated with providing

such water to schoolchildren in Fallon-area schools.

(3) In consultation with the Pershing County Water Con- servation District, the Commissioner shall expend $270,000

for the State of Nevada’s costs associated with the National

Environmental Policy Act review of the Humboldt Title

Transfer: Provided, That notwithstanding Public Law 107–282,

section 804(d)–(f), the State of Nevada shall pay any other

costs assigned to the State as an entity receiving title in Public

Law 107–282, section 804(b)–(e) or due to any reconveyance

under Public Law 107–282, section 804(f), including any such

National Environmental Policy Act costs that exceed the

$270,000 expended by the Commissioner under this subparagraph.

(4) Provide $1,000,000 to the University of Nevada, Reno’s

Biodiversity initiative for public education and associated technical assistance and outreach concerning the issues affecting

the restoration of Walker Lake.

(b) ADMINISTRATION.—The Secretary of the Interior, acting

through the Commissioner of Reclamation, may provide financial

assistance to State and local public agencies, Indian tribes, nonprofit

organizations, and individuals to carry out this section and section

2507 of Public Law 107–171.

SEC. 218. The Secretary of the Interior shall extend the term

of the Sacramento River Settlement Contracts, long- and shortform, entered into by the United States with various districts and

individuals, section 14 of the Reclamation Project Act of 1939 (53

Stat. 1197), for a period of 2 additional years after the date on

which each of the contracts, respectively, would expire but for

this section, or until renewal contracts are executed, whichever

occurs earlier.

SEC. 219. (a) Section 1(b) of Public Law 105–295 (112 Stat.

2820) is amended by striking the second sentence and inserting

the following: ‘‘The Federal share of the costs of constructing the

temperature control device and associated temperature monitoring

facilities shall be 50 percent and shall be nonreimbursable. The

temperature control device and associated temperature monitoring

facilities shall be operated by the non-Federal facility owner at

its expense in coordination with the Central Valley Project for

the benefit and propagation of Chinook salmon and steelhead trout

in the American River, California.’’.

(b) Section 1(c) of Public Law 105–295 (112 Stat. 2820) is

amended by striking ‘‘$1,000,000’’ and inserting ‘‘$3,500,000’’.

SEC. 220. Not subject to fiscal year limitation, the Secretary

of the Interior is hereafter authorized to implement, and enter

into financial assistance or other agreements as may be necessary

to undertake such activities identified for implementation (including

construction) generally in accordance with section III of, and the

Pumping/Dam Removal Plan as defined in, United States District

Court Consent Decree ‘‘United States, et al., v. Grants Pass Irrigation District, Civil No. 98–3034–HO’’ (August 27, 2001). There are

authorized to be appropriated such sums as may be necessary

to carry out this provision, and activities conducted under this

provision shall be nonreimbursable and nonreturnable.

SEC. 221. EXTENSION OF CERTAIN IRRIGATION PROJECT CON- TRACTS. Section 2 of the Irrigation Project Contract Extension Act

of 1998 (112 Stat. 2816, 114 Stat. 1441, 1441A–70) is amended—

Contracts.

117 STAT. 1854 PUBLIC LAW 108–137—DEC. 1, 2003

(1) in subsection (a), by striking ‘‘December 31, 2003’’ and

inserting ‘‘December 31, 2005’’; and

(2) in subsection (b)—

(A) in the first sentence, by striking ‘‘beyond December

31, 2003’’ and inserting ‘‘beyond December 31, 2005’’; and

(B) in the second sentence, by striking ‘‘prior to

December 31, 2003’’ and inserting ‘‘before December 31,

2005’’.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY

For Department of Energy expenses including the purchase,

construction, and acquisition of plant and capital equipment, and

other expenses necessary for energy supply activities in carrying

out the purposes of the Department of Energy Organization Act

(42 U.S.C. 7101 et seq.), including the acquisition or condemnation

of any real property or any facility or for plant or facility acquisition,

construction, or expansion, and the purchase of not to exceed 12

passenger motor vehicles for replacement only, including two buses;

$737,537,000, to remain available until expended.

NON-DEFENSE SITE ACCELERATION COMPLETION

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses necessary for non-defense environmental management site acceleration activities in carrying out the purposes of

the Department of Energy Organization Act (42 U.S.C. 7101 et

seq.), including the acquisition or condemnation of any real property

or any facility or for plant or facility acquisition, construction,

or expansion, $163,375,000, to remain available until expended.

NON-DEFENSE ENVIRONMENTAL SERVICES

For Department of Energy expenses necessary for non-defense

environmental services activities conducted as a result of nuclear

energy research and development activities that indirectly support

the accelerated cleanup and closure mission at environmental

management sites, as well as new work scope transferred to the

Environmental Management program, including the purchase,

construction, and acquisition of plant and capital equipment and

other necessary expenses, $339,468,000, to remain available until

expended.

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment

facility decontamination and decommissioning, remedial actions,

and other activities of title II of the Atomic Energy Act of 1954

and title X, subtitle A, of the Energy Policy Act of 1992,

$416,484,000, to be derived from the Fund, to remain available

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1855

until expended, of which $51,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.

SCIENCE

For Department of Energy expenses including the purchase,

construction and acquisition of plant and capital equipment, and

other expenses necessary for science activities in carrying out the

purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.), including the acquisition or condemnation of any

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed 15 passenger

motor vehicles for replacement only, including not to exceed one

ambulance, $3,451,700,000, to remain available until expended.

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $190,000,000,

to remain available until expended and to be derived from the

Nuclear Waste Fund: Provided, That none of the funds provided

herein may be used for international travel.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes

of the Department of Energy Organization Act (42 U.S.C. 7101

et seq.), including the hire of passenger motor vehicles and official

reception and representation expenses (not to exceed $35,000),

$216,533,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated

amount of cost of work for others notwithstanding the provisions

of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That

such increases in cost of work are offset by revenue increases

of the same or greater amount, to remain available until expended:

Provided further, That moneys received by the Department for

miscellaneous revenues estimated to total $123,000,000 in fiscal

year 2004 may be retained and used for operating expenses within

this account, and may remain available until expended, as authorized by section 201 of Public Law 95–238, notwithstanding the

provisions of 31 U.S.C. 3302: Provided further, That the sum herein

appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 2004, and any related unappropriated receipt account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2004 appropriation from the general fund estimated at not more than $93,533,000.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $39,462,000, to remain available until expended.

117 STAT. 1856 PUBLIC LAW 108–137—DEC. 1, 2003

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other incidental expenses necessary for atomic energy defense

weapons activities in carrying out the purposes of the Department

of Energy Organization Act (42 U.S.C. 7101 et seq.), including

the acquisition or condemnation of any real property or any facility

or for plant or facility acquisition, construction, or expansion; one

fixed wing aircraft for replacement only; and the purchase of not

to exceed six passenger motor vehicles, of which four shall be

for replacement only, including not to exceed two buses;

$6,272,511,000, to remain available until expended: Provided, That

$87,000,000 is authorized to be appropriated for Project 01–D–

108, Microsystems and engineering sciences applications (MESA),

Sandia National Laboratories, Albuquerque, New Mexico: Provided

further, That $3,564,000 is authorized to be appropriated for Project

04–D–103, Project engineering and design (PED), various locations:

Provided further, That a plant or construction project for which

amounts are made available under this heading in this fiscal year

with a current estimated cost of less than $10,000,000 is considered

for purposes of section 3622 of Public Law 107–314 as a plant

project for which the approved total estimated cost does not exceed

the minor construction threshold and for purposes of section 3623

of Public Law 107–314 as a construction project with a current

estimated cost of less than the minor construction threshold.

DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase,

construction and acquisition of plant and capital equipment and

other incidental expenses necessary for atomic energy defense,

defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C.

7101 et seq.), including the acquisition or condemnation of any

real property or any facility or for plant or facility acquisition,

construction, or expansion, $1,327,612,000, to remain available until

expended.

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization

Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,

condemnation, construction, or otherwise) of real property, plant,

and capital equipment, facilities, and facility expansion, and the

purchase of not to exceed one bus; $766,400,000, to remain available

until expended.

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in

the National Nuclear Security Administration, including official

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1857

reception and representation expenses (not to exceed $12,000),

$339,980,000, to remain available until expended.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE SITE ACCELERATION COMPLETION

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense site acceleration

completion activities in carrying out the purposes of the Department

of Energy Organization Act (42 U.S.C. 7101 et seq.), including

the acquisition or condemnation of any real property or any facility

or for plant or facility acquisition, construction, or expansion;

$5,651,062,000, to remain available until expended: Provided, That

the Secretary of Energy is directed to use $1,000,000 of the funds

provided for regulatory and technical assistance to the State of

New Mexico, to amend the existing WIPP Hazardous Waste Permit

to comply with the provisions of section 310 of this Act.

DEFENSE ENVIRONMENTAL SERVICES

For Department of Energy expenses necessary for defenserelated environmental services activities that indirectly support

the accelerated cleanup and closure mission at environmental

management sites, including the purchase, construction, and

acquisition of plant and capital equipment and other necessary

expenses, and the purchase of not to exceed one ambulance for

replacement only, $991,144,000, to remain available until expended.

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase,

construction, and acquisition of plant and capital equipment and

other expenses necessary for atomic energy defense, other defense

activities, in carrying out the purposes of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition

or condemnation of any real property or any facility or for plant

or facility acquisition, construction, or expansion, $674,491,000, to

remain available until expended.

DEFENSE NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $390,000,000,

to remain available until expended.

POWER MARKETING ADMINISTRATIONS

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund,

established pursuant to Public Law 93–454, are approved for official

reception and representation expenses in an amount not to exceed

$1,500. During fiscal year 2004, no new direct loan obligations

may be made.

117 STAT. 1858 PUBLIC LAW 108–137—DEC. 1, 2003

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of marketing electric power and energy,

including transmission wheeling and ancillary services, pursuant

to the provisions of section 5 of the Flood Control Act of 1944

(16 U.S.C. 825s), as applied to the southeastern power area,

$5,100,000, to remain available until expended; in addition, notwithstanding the provisions of 31 U.S.C. 3302, up to $19,000,000 collected by the Southeastern Power Administration pursuant to the

Flood Control Act to recover purchase power and wheeling expenses

shall be credited to this account as offsetting collections, to remain

available until expended for the sole purpose of making purchase

power and wheeling expenditures.

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power

transmission facilities and of marketing electric power and energy,

for construction and acquisition of transmission lines, substations

and appurtenant facilities, and for administrative expenses,

including official reception and representation expenses in an

amount not to exceed $1,500 in carrying out the provisions of

section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as

applied to the southwestern power area, $28,600,000, to remain

available until expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 3302, up to $1,512,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act

to recover purchase power and wheeling expenses shall be credited

to this account as offsetting collections, to remain available until

expended for the sole purpose of making purchase power and

wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,

beginning in fiscal year 2004 and thereafter, such funds as are

received by the Southwestern Power Administration from any State,

municipality, corporation, association, firm, district, or individual

as advance payment for work that is associated with Southwestern’s

transmission facilities, consistent with that authorized in section

5 of the Flood Control Act, shall be credited to this account and

be available until expended.

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

other related activities including conservation and renewable

resources programs as authorized, including official reception and

representation expenses in an amount not to exceed $1,500,

$177,950,000, to remain available until expended, of which

$167,236,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appropriated, $6,200,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided

further, That notwithstanding the provision of 31 U.S.C. 3302,

16 USC 825s–4.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1859

up to $162,108,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling

expenses shall be credited to this account as offsetting collections,

to remain available until expended for the sole purpose of making

purchase power and wheeling expenditures: Provided further, That

the $750,000 that is made available under this heading for a transmission study on the placement of 500 megawatt wind energy

in North Dakota and South Dakota may be nonreimbursable: Provided further, That, in accordance with section 203 of the Colorado

River Basin Salinity Control Act (43 U.S.C. 1593), electrical power

supply and delivery assistance may be provided to the local distribution utility as required to maintain proper voltage levels at the

Big Sandy River Diffuse Source Control Unit.

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,640,000,

to remain available until expended, and to be derived from the

Falcon and Amistad Operating and Maintenance Fund of the

Western Area Power Administration, as provided in section 423

of the Foreign Relations Authorization Act, Fiscal Years 1994 and

1995.

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory

Commission to carry out the provisions of the Department of Energy

Organization Act (42 U.S.C. 7101 et seq.), including services as

authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,

and official reception and representation expenses (not to exceed

$3,000), $204,400,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, not to exceed

$204,400,000 of revenues from fees and annual charges, and other

services and collections in fiscal year 2004 shall be retained and

used for necessary expenses in this account, and shall remain

available until expended: Provided further, That the sum herein

appropriated from the general fund shall be reduced as revenues

are received during fiscal year 2004 so as to result in a final

fiscal year 2004 appropriation from the general fund estimated

at not more than $0.

DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

(RESCISSION)

Of the funds appropriated in prior Energy and Water Development Appropriation Acts, $15,329,000 of unexpended balances of

prior appropriations are rescinded: Provided, That $13,329,000 shall

be derived from the Paducah Disposal Facility Privatization (OR–

574) and $2,000,000 shall be derived from the Portsmouth Disposal

Facility Privatization (OR–674).

42 USC 7171

note.

117 STAT. 1860 PUBLIC LAW 108–137—DEC. 1, 2003

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

SEC. 301. (a)(1) None of the funds in this or any other appropriations Act for fiscal year 2004 or any previous fiscal year may

be used to make payments for a noncompetitive management and

operating contract unless the Secretary of Energy, not later than

60 days after the date of the enactment of this Act, publishes

in the Federal Register and submits to the Committees on Appropriations of the House of Representatives and the Senate a written

notification, with respect to each such contract, of the Secretary’s

decision to use competitive procedures for the award of the contract,

or to not renew the contract, when the term of the contract expires.

(2) Notwithstanding paragraph (1), the Secretary of Energy

may use appropriated funds to maintain operations of noncompetitive management and operating contracts as necessary during the

60-day period beginning on the date of the enactment of this Act.

(3) Paragraph (1) does not apply to an extension for up to

2 years of a noncompetitive management and operating contract,

if the extension is for purposes of allowing time to award competitively a new contract, to provide continuity of service between

contracts, or to complete a contract that will not be renewed.

(b) In this section:

(1) The term ‘‘noncompetitive management and operating

contract’’ means a contract that was awarded more than 50

years ago without competition for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore

National Laboratory, and Los Alamos National Laboratory.

(2) The term ‘‘competitive procedures’’ has the meaning

provided in section 4 of the Office of Federal Procurement

Policy Act (41 U.S.C. 403) and includes procedures described

in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that

solicits a proposal from only one source.

SEC. 302. None of the funds appropriated by this Act may

be used to—

(1) develop or implement a workforce restructuring plan

that covers employees of the Department of Energy; or

(2) provide enhanced severance payments or other benefits

for employees of the Department of Energy, under section 3161

of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102–484; 42 U.S.C. 7274h).

SEC. 303. None of the funds appropriated by this Act may

be used to augment the $13,400,000 made available for obligation

by this Act for severance payments and other benefits and community assistance grants under section 3161 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42

U.S.C. 7274h) unless the Department of Energy submits a reprogramming request subject to approval by the appropriate

congressional committees.

SEC. 304. None of the funds appropriated by this Act may

be used to prepare or initiate Requests For Proposals (RFPs) for

a program if the program has not been funded by Congress.

Contracts.

Deadline.

Notification.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1861

(TRANSFERS OF UNEXPENDED BALANCES)

SEC. 305. The unexpended balances of prior appropriations

provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title.

Balances so transferred may be merged with funds in the applicable

established accounts and thereafter may be accounted for as one

fund for the same time period as originally enacted.

SEC. 306. None of the funds in this or any other Act for

the Administrator of the Bonneville Power Administration may

be used to enter into any agreement to perform energy efficiency

services outside the legally defined Bonneville service territory,

with the exception of services provided internationally, including

services provided on a reimbursable basis, unless the Administrator

certifies in advance that such services are not available from private

sector businesses.

SEC. 307. When the Department of Energy makes a user facility

available to universities and other potential users, or seeks input

from universities and other potential users regarding significant

characteristics or equipment in a user facility or a proposed user

facility, the Department shall ensure broad public notice of such

availability or such need for input to universities and other potential

users. When the Department of Energy considers the participation

of a university or other potential user as a formal partner in

the establishment or operation of a user facility, the Department

shall employ full and open competition in selecting such a partner.

For purposes of this section, the term ‘‘user facility’’ includes, but

is not limited to: (1) a user facility as described in section 2203(a)(2)

of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a

National Nuclear Security Administration Defense Programs Technology Deployment Center/User Facility; and (3) any other Departmental facility designated by the Department as a user facility.

SEC. 308. The Administrator of the National Nuclear Security

Administration may authorize the manager of a covered nuclear

weapons research, development, testing or production facility to

engage in research, development, and demonstration activities with

respect to the engineering and manufacturing capabilities at such

facility in order to maintain and enhance such capabilities at such

facility: Provided, That of the amount allocated to a covered nuclear

weapons facility each fiscal year from amounts available to the

Department of Energy for such fiscal year for national security

programs, not more than an amount equal to 2 percent of such

amount may be used for these activities: Provided further, That

for purposes of this section, the term ‘‘covered nuclear weapons

facility’’ means the following:

(1) the Kansas City Plant, Kansas City, Missouri;

(2) the Y–12 Plant, Oak Ridge, Tennessee;

(3) the Pantex Plant, Amarillo, Texas;

(4) the Savannah River Plant, South Carolina; and

(5) the Nevada Test Site.

SEC. 309. Funds appropriated by this or any other Act, or

made available by the transfer of funds in this Act, for intelligence

activities are deemed to be specifically authorized by the Congress

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414) during fiscal year 2004 until the enactment of

the Intelligence Authorization Act for fiscal year 2004.

50 USC 2812

note.

117 STAT. 1862 PUBLIC LAW 108–137—DEC. 1, 2003

SEC. 310. None of the funds in this Act may be used to dispose

of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight

for the aggregate of any material category on the date of enactment

of this Act, or is generated after such date. For the purposes

of this section, the material categories of transuranic waste at

the Rocky Flats Environmental Technology Site include: (1) ash

residues; (2) salt residues; (3) wet residues; (4) direct repackage

residues; and (5) scrub alloy as referenced in the ‘‘Final Environmental Impact Statement on Management of Certain Plutonium

Residues and Scrub Alloy Stored at the Rocky Flats Environmental

Technology Site’’.

SEC. 311. (a) The Secretary of Energy is directed to file a

permit modification to the Waste Analysis Plan (WAP) and associated provisions contained in the Hazardous Waste Facility Permit

for the Waste Isolation Pilot Plant (WIPP). For purposes of determining compliance of the modifications to the WAP with the hazardous waste analysis requirements of the Solid Waste Disposal

Act (42 U.S.C. 6901 et seq.), or other applicable laws waste confirmation for all waste received for storage and disposal shall be

limited to: (1) confirmation that the waste contains no ignitable,

corrosive, or reactive waste through the use of either radiography

or visual examination of a statistically representative subpopulation

of the waste; and (2) review of the Waste Stream Profile Form

to verify that the waste contains no ignitable, corrosive, or reactive

waste and that assigned Environmental Protection Agency hazardous waste numbers are allowed for storage and disposal by

the WIPP Hazardous Waste Facility Permit.

(b) Compliance with the disposal room performance standards

of the WAP shall be demonstrated exclusively by monitoring airborne volatile organic compounds in underground disposal rooms

in which waste has been emplaced until panel closure.

SEC. 312. Notwithstanding any other provision of law, the

material in the concrete silos at the Fernald uranium processing

facility currently managed by the Department of Energy and the

ore processing residual materials in the Niagara Falls Storage

Site subsurface waste containment structure managed by the

United States Army Corps of Engineers under the Formerly Utilized

Sites Remedial Action Program shall be considered ‘‘byproduct

material’’ as defined by section 11e.(2) of the Atomic Energy Act

of 1954, as amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory

Commission or an Agreement State, as appropriate, shall regulate

the material as ‘‘11e.(2) by-product material’’ for the purpose of

disposition of the material in an NRC-regulated or Agreement Stateregulated facility.

SEC. 313. No funds appropriated or otherwise made available

under this title under the heading ‘‘ATOMIC ENERGY DEFENSE

ACTIVITIES’’ may be obligated or expended for additional and

exploratory studies under the Advanced Concepts Initiative until

30 days after the date on which the Administrator for Nuclear

Security submits to Congress a detailed report on the planned

activities for additional and exploratory studies under the initiative

for fiscal year 2004. The report shall be submitted in unclassified

form, but may include a classified annex.

SEC. 314. MARTIN’S COVE LEASE. (a) DEFINITIONS.—In this section:

Deadline.

Reports.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1863

(1) BUREAU OF LAND MANAGEMENT.—The term ‘‘Bureau

of Land Management’’, hereafter referred to as the ‘‘BLM’’,

means an agency of the Department of the Interior.

(2) CORPORATION.—The term ‘‘Corporation’’ means the Corporation of the Presiding Bishop of The Church of Jesus Christ

of Latter-day Saints, located at 50 East North Temple Street,

Salt Lake City, Utah.

(3) MARTIN’S COVE.—The term ‘‘Martin’s Cove’’ means the

area, consisting of approximately 940 acres of public lands

in Natrona County, Wyoming as depicted on the Martin’s Cove

map numbered MC–001.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(b) LEASE.— (1) IN GENERAL.—Not later than 120 days after the date

of enactment of this Act, the Secretary shall enter into an

agreement with the Corporation to lease, for a term of 25

years, approximately 940 acres of Federal land depicted on

the Martin’s Cove map MC–001. The Corporation shall retain

the right of ingress and egress in, from and to any part of

the leasehold for its use and management as an important

historical site.

(2) TERMS AND CONDITIONS.—

(A) SURVEY.—As a condition of the agreement under

paragraph (1), the Corporation shall provide a boundary

survey to the Secretary, acceptable to the Corporation and

the Secretary, of the parcels of land to be leased under

paragraph (1).

(B) ACCESS.—

(i) IN GENERAL.—The Secretary and the Corporation shall enter into a lease covenant, binding on any

successor or assignee that ensures that, consistent with

the historic purposes of the site, public access will

be provided across private land owned by the Corporation to Martin’s Cove and Devil’s Gate. Access shall—

(I) ensure public visitation for historic, educational and scenic purposes through private lands

owned by the Corporation to Martin’s Cove and

Devil’s Gate;

(II) provide for public education, ecologic and

preservation at the Martin’s Cove site;

(III) be provided to the public without charge;

and

(IV) permit the Corporation, in consultation

with the BLM, to regulate entry as may be

required to protect the environmental and historic

values of the resource at Martin’s Cove or at such

times as necessitated by weather conditions, matters of public safety and nighttime hours.

(C) IMPROVEMENTS.—The Corporation may, upon

approval of the BLM, improve the leasehold as may become

necessary from time to time in order to accommodate visitors to the leasehold.

(D) ARCHAEOLOGICAL PRESERVATION.—The Corporation

shall have the obligation to protect and maintain any

historical or archaeological artifacts discovered or otherwise

identified at Martin’s Cove.

Deadline.

117 STAT. 1864 PUBLIC LAW 108–137—DEC. 1, 2003

(E) VISITATION GUIDELINES.—The Corporation may

establish, in consultation with the BLM, visitation guidelines with respect to such issues as firearms, alcoholic

beverages, and controlled substances and conduct consistent with the historic nature of the resource, and to

protect public health and safety.

(F) NO ABRIDGEMENT.—The lease shall not be subject

to abridgement, modification, termination, or other taking

in the event any surrounding area is subsequently designated as a wilderness or other protected areas. The lease

shall contain a provision limiting the ability of the Secretary from administratively placing Martin’s Cove in a

restricted land management status such as a Wilderness

Study Area.

(G) RIGHT OF FIRST REFUSAL.—The Corporation shall

be granted a right of first refusal to lease or otherwise

manage Martin’s Cove in the event the Secretary proposes

to lease or transfer control or title of the land to another

party.

(H) FAIR MARKET VALUE LEASE PAYMENTS.—The Corporation shall make lease payments which reflect the fair

market rental value of the public lands to be leased, provided however, such lease payments shall be offset by

value of the public easements granted by the Corporation

to the Secretary across private lands owned by the Corporation for access to Martin’s Cove and Devil’s Gate.

(I) RENEWAL.—The Secretary may offer to renew such

lease on terms which are mutually acceptable to the parties.

(c) MINERAL WITHDRAWAL.—The Secretary shall retain the subsurface mineral estate under the 940 acres under the leasehold.

The 940 acres described in subsection (a)(3) are hereby withdrawn

from mining location and from all forms of entry, appropriation,

and disposal under the public land laws.

(d) NO PRECEDENT SET.—This Act does not set a precedent

for the terms and conditions of leases between or among private

entities and the United States.

(e) VALID AND EXISTING RIGHTS.—The Lease provided for under

this section shall be subject to valid existing rights with respect

to any lease, right-of-way, permit, or other valid existing rights

to which the property is subject.

(f) AVAILABILITY OF MAP.—The Secretary shall keep the map

identified in this section on file and available for public inspection

in the Casper District Office of the BLM in Wyoming and the

State Office of the BLM, Cheyenne, Wyoming.

(g) NEPA COMPLIANCE.—The Secretary shall comply with the

provisions of the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) in carrying out this section.

SEC. 315. REINSTATEMENT AND TRANSFER OF THE FEDERAL

LICENSE FOR PROJECT NO. 2696. (a) DEFINITIONS.—

(1) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission.

(2) TOWN.—The term ‘‘town’’ means the town of Stuyvesant,

New York, the holder of Federal Energy Regulatory Commission

Preliminary Permit No. 11787.

(b) REINSTATEMENT AND TRANSFER.—Notwithstanding section

8 of the Federal Power Act (16 U.S.C. 801) or any other provision

Deadline.

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1865

of that Act, the Commission shall, not later than 30 days after

the date of enactment of this Act—

(1) reinstate the license for Project No. 2696; and

(2) transfer the license to the town.

(c) HYDROELECTRIC INCENTIVES.—Project No. 2696 shall be entitled to the full benefit of any Federal law that—

(1) promotes hydroelectric development; and

(2) that is enacted within 2 years before or after the date

of enactment of this Act.

(d) CO-LICENSEE.—Notwithstanding the issuance of a preliminary permit to the town and any consideration of municipal preference, the town may at any time add as a co-licensee to the

reinstated license a private or public entity.

(e) PROJECT FINANCING.—The town may receive loans under

sections 402 and 403 of the Public Utility Regulatory Policies Act

of 1978 (16 U.S.C. 2702, 2703) or similar programs for the

reimbursement of the costs of any feasibility studies and project

costs incurred during the period beginning on January 1, 2001

and ending on December 31, 2006.

(f) ENERGY CREDITS.—Any power produced by the project shall

be deemed to be incremental hydropower for purposes of qualifying

for energy credits or similar benefits.

SEC. 316. Of the funds made available in this Act for Defense

Environmental Services, $1,000,000 shall be provided to the State

of Nevada solely for expenditures, other than salaries and expenses

of State employees, to conduct scientific oversight responsibilities

and participate in licensing activities pursuant to the Nuclear Waste

Policy Act of 1982, Public Law 97–425, as amended: Provided,

That $4,000,000 shall be provided to affected units of local governments, as defined in Public Law 97–425, to conduct appropriate

activities pursuant to the Act: Provided further, That the distribution of the funds as determined by the units of local government

shall be approved by the Department of Energy: Provided further,

That the funds for the State of Nevada shall be made available

solely to the Nevada Division of Emergency Management by direct

payment and units of local government by direct payment: Provided

further, That within 90 days of the completion of each Federal

fiscal year, the Nevada Division of Emergency Management and

the Governor of the State of Nevada and each local entity shall

provide certification to the Department of Energy that all funds

expended from such payments have been expended for activities

authorized by Public Law 97–425 and this Act. Failure to provide

such certification shall cause such entity to be prohibited from

any further funding provided for similar activities: Provided further,

That none of the funds herein appropriated may be: (1) used directly

or indirectly to influence legislative action on any matter pending

before Congress or a State legislature or for lobbying activity as

provided in 18 U.S.C. 1913; (2) used for litigation expenses; or

(3) used to support multi-State efforts or other coalition building

activities inconsistent with the restrictions contained in this Act:

Provided further, That all proceeds and recoveries realized by the

Secretary in carrying out activities authorized by the Nuclear Waste

Policy Act of 1982, Public Law 97–425, as amended, including

but not limited to, any proceeds from the sale of assets, shall

be available without further appropriation and shall remain available until expended.

Deadline.

Nevada.

Certification.

117 STAT. 1866 PUBLIC LAW 108–137—DEC. 1, 2003

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized

by the Appalachian Regional Development Act of 1965, as amended,

for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission, for payment of

the Federal share of the administrative expenses of the Commission,

including services as authorized by 5 U.S.C. 3109, and hire of

passenger motor vehicles, $66,000,000, to remain available until

expended.

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety

Board in carrying out activities authorized by the Atomic Energy

Act of 1954, as amended by Public Law 100–456, section 1441,

$19,559,000, to remain available until expended.

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and

to carry out its activities, as authorized by the Delta Regional

Authority Act of 2000, as amended, notwithstanding sections

382C(b)(2), 382F(d), and 382M(b) of said Act, $5,000,000, to remain

available until expended.

DENALI COMMISSION

For expenses of the Denali Commission including the purchase,

construction and acquisition of plant and capital equipment as

necessary and other expenses, $55,000,000, to remain available

until expended: Provided, That $5,500,000 shall not be available

until the Denali Commission submits to the House and Senate

Committees on Appropriations a detailed budget justification for

fiscal year 2005.

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out

the purposes of the Energy Reorganization Act of 1974, as amended,

and the Atomic Energy Act of 1954, as amended, including official

representation expenses (not to exceed $15,000), and purchase of

promotional items for use in the recruitment of individuals for

employment, $618,800,000, to remain available until expended: Provided, That of the amount appropriated herein, $33,100,000 shall

be derived from the Nuclear Waste Fund: Provided further, That

revenues from licensing fees, inspection services, and other services

and collections estimated at $538,844,000 in fiscal year 2004 shall

be retained and used for necessary salaries and expenses in this

PUBLIC LAW 108–137—DEC. 1, 2003 117 STAT. 1867

account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during

fiscal year 2004 so as to result in a final fiscal year 2004 appropriation estimated at not more than $79,956,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $7,300,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and

other services and collections estimated at $6,716,000 in fiscal

year 2004 shall be retained and be available until expended, for

necessary salaries and expenses in this account notwithstanding

31 U.S.C. 3302: Provided further, That the sum herein appropriated

shall be reduced by the amount of revenues received during fiscal

year 2004 so as to result in a final fiscal year 2004 appropriation

estimated at not more than $584,000.

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review

Board, as authorized by Public Law 100–203, section 5051,

$3,177,000, to be derived from the Nuclear Waste Fund, and to

remain available until expended.

TITLE V

GENERAL PROVISIONS

SEC. 501. None of the funds appropriated by this Act may

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

Congress, other than to communicate to Members of Congress as

described in 18 U.S.C. 1913.

SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—It is the sense of the Congress that, to the greatest

extent practicable, all equipment and products purchased with

funds made available in this Act should be American-made.

(b) NOTICE REQUIREMENT.—In providing financial assistance

to, or entering into any contract with, any entity using funds

made available in this Act, the head of each Federal agency, to

the greatest extent practicable, shall provide to such entity a notice

describing the statement made in subsection (a) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY

LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally

determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription,

or any inscription with the same meaning, to any product sold

in or shipped to the United States that is not made in the United

States, the person shall be ineligible to receive any contract or

subcontract made with funds made available in this Act, pursuant

to the debarment, suspension, and ineligibility procedures described

in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

117 STAT. 1868 PUBLIC LAW 108–137—DEC. 1, 2003

LEGISLATIVE HISTORY—H.R. 2754 (S. 1424):

HOUSE REPORTS: Nos. 108–212 (Comm. on Appropriations) and 108–357 (Comm.

of Conference).

SENATE REPORTS: No. 108–105 accompanying S. 1424 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 149 (2003):

July 18, considered and passed House.

Sept. 11, 15, 16, considered and passed Senate, amended, in lieu of S. 1424.

Sept. 17, further amended in Senate.

Nov. 18, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):

Dec. 1, Presidential statement.

Æ

SEC. 503. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 504. CLARIFICATION OF INDEMNIFICATION TO PROMOTE

ECONOMIC DEVELOPMENT. (a) Subsection (b)(2) of section 3158 of

the National Defense Authorization Act for Fiscal Year 1998 (42

U.S.C. 7274q(b)(2)) is amended by adding the following after

subparagraph (C):

‘‘(D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A)

through (C).’’.

(b) The amendment made by section 506, as amended by this

section, is effective as of the date of enactment of the National

Defense Authorization Act for Fiscal Year 1998.

This Act may be cited as the ‘‘Energy and Water Development

Appropriations Act, 2004’’.

Approved December 1, 2003.

Effective date.

50 USC 2811

note.

50 USC 2811.